1. General

These terms and conditions form part of the contract (“agreement”) between Explorer Pty Ltd T/as I&D Industries (ABN 64 061 890 533) (in this agreement, “we” or “us” or “our”) and the customer (in this agreement, “you”) that is formed when you sign a form issued by us that describes services that we will perform (“Service Authorisation”) or when we agree to sell products to you.

You acknowledge that these terms and conditions and the Service Authorisation embody the whole agreement between you and us. You agree that the scope and terms of the Service Authorisation (including prices and quotes) may change as a result of updated instructions from you. By offering to buy products and/or services from us and by signing a Service Authorisation you agree to be bound by this agreement.

You acknowledge that signing this agreement &/or by accepting the Service Authorisation &/or paying a deposit for the Services Authorisation, you accept these terms and conditions and are bound by them.

A reference to “products” in this agreement includes all parts or products fitted as part of services we provide to you or are sold to you unless the context requires otherwise.

2. Pricing

All our prices and quotes include GST unless stated otherwise. A quote or price is only binding on us once the Service Authorisation has been signed. The scope and pricing of the Service Authorisation may change as a result of updated instructions from you.

3. Performance and Services

We agree to perform the services as described in the Service Authorisation (or as amended as a result of updated instructions from you).

4. Payment

You agree to pay us in full for all services rendered and products supplied before removing your vehicle and/or the products (as applicable) from our care, possession, control or premises, unless otherwise agreed.

You further agree that payment of all amounts for work as set out in the Service Authorisation and (in the absence of manifest error) all amounts set out in that document become due upon completion of the relevant work and must be paid on or before completion of the work, unless we have agreed otherwise. In the event that there is an outstanding amount owed by you to us costs including but not limited to interest and administration fees may be incurred.

To the extent allowed by law, in the event that you:

1. become bankrupt;
2. have an administrator, controller, liquidator, receiver or receiver and manager appointed (“external administrator”); or
3. any steps are taken, or proceedings commenced, to make you bankrupt or have an external administrator appointed,

this agreement will terminate with immediate effect and any outstanding monies will become due and payable immediately.

5. Warranty

We provide 12 months warranty on our workmanship only and will bear the reasonable costs incurred in rectifying our work however, this warranty will not apply:

• to normal wear and tear;
• where goods come to the end of their natural service life;
• to items of normal maintenance and upkeep of your vehicle, including but not limited to consumables and perishables such as globes, sealants, sealers, lubricants and fluids, adhesives, fasteners, bolts and screws; or
• where the defect is a result of:
  • alteration, accident, misuse, abuse or neglect;
  • unsafe or inappropriate driving practices; or
  • where the product or services are subsequently repaired or modified by an unauthorised service agent.

Parts and goods installed are subject to each manufacturers own warranty terms and conditions. We may facilitate or help you make a warranty claim against the manufacturer for parts and goods installed in your vehicle however, you agree that it is not our responsibility to replace manufacturers parts and goods and we will supply you with a quotation for replacement parts and goods.

7. Title

Property in, and ownership of, the product (including as part of services rendered) does not pass from us to you until you have paid for the product or services in full.

Where we have indicated that we will accept payment by cheque or other negotiable instrument, title will pass to you upon all relevant funds being cleared.

Products supplied by us will be at your sole risk immediately upon delivery to you or into a third party’s custody on your behalf (whichever occurs sooner).

8. Lien

You acknowledge that we have a lien (under general law or equity) over all products in our possession belonging to you, including your vehicle and all goods in or attached to your vehicle (“Lien”), to secure payment of any or all amounts outstanding from time to time.

You agree that we may, at our discretion, exercise the Lien in respect of any due and unpaid amounts outstanding by you and may retain your vehicle and/or any goods in your vehicle and serve notice on you requiring immediate payment of the amounts outstanding by you.

9. Abandonment

If any amounts outstanding have not been paid within three calendar months of us providing notice to you, and if we do not hear from you after making reasonable attempts to contact you, we may sell your vehicle and/or all goods in or attached to your vehicle in accordance with any applicable legislation relating to the disposal of uncollected goods and vehicles.

In the event that we sell your vehicle and/or goods, we will apply the proceeds in the first instance to the satisfaction of the amounts outstanding by you and costs including but not limited to storage costs and the costs of arranging and exercising the right of sale.

10. Liability

We will not be liable to you or any third party in respect of any claim for any delay, injury, death, direct or indirect loss, consequential loss or damage to any person or property caused or arising out of the products sold by us, or out of any services performed by us, except to the extent that liability is imposed upon us or by law that cannot be excluded by this agreement.

Whilst we will do all reasonable things to protect your property and/or vehicle, you acknowledge that your property and/or vehicle is in our care, custody and control at your own risk and we do not accept responsibility or liability for loss of, or damage to any articles left with us by you or alleged to have been left in your vehicle, however such loss or damage was caused.

In the event that your vehicle is not registered, you agree to inform us that your vehicle is not registered and should not be test driven by us. We will not be liable to you or any third party in respect of any claim for breaches of the relevant road traffic or other authority.

11. Indemnity

You agree to indemnify and hold us harmless from and against any loss (including legal costs and expenses on a solicitor/own client basis) or liability incurred or suffered in relation to any claim, suit, demand, action or proceeding arising from your ownership and maintenance of the vehicle, negligent act or omission and/or your use of the goods or services provided by us.

11. Authority In Respect Of The Vehicle

You authorise us to do every act, matter and thing that we consider desirable or necessary for us to provide you with the products and/or services set out in the Service Authorisation in respect of your vehicle, including (but not limited to):

• access to and entering the vehicle;
• working on your vehicle;
• creating a suitable work space or environment to work on your vehicle; and
• test driving your vehicle.

14. Jurisdiction The proper law of the agreement between you and us is the law of the State of New South Wales and the parties agree to submit to the exclusive jurisdiction of the courts of that State.